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A legal expert for Al Jazeera Net: Holding Israel accountable for its crimes will not stop even if a Palestinian state is established Policy


Hebron- A Palestinian expert in international law told Al Jazeera Net: “A decision international justice Court It puts the Palestinians before important obligations and redoubled efforts during the next stage, the first of which is monitoring Israeli performance during the next month, and beginning to mobilize international public opinion to impose sanctions on the occupation.”

On Friday, the International Court of Justice issued its decision to accept the case she filed South Africaannouncing the imposition of “temporary measures” on Israel to prevent GenocideAmong them are refraining from killing, assaulting and destroying the people of Gaza and ensuring the immediate provision of urgent humanitarian needs in the Strip.

Munir Nusseibeh, professor of international law at Al-Quds University, said, “What was required, and was not issued by the court, was a request for the occupation to stop its military operations in Gaza stripBut the content of the decision reaches the same result.”

He added that a doubled effort awaits the Palestinians at the international level and UN organizations to communicate the decision and determine what is required of countries regarding the occupation.

According to the Palestinian expert, Israel's accountability for its crimes will not stop, even if the shooting stops, or a political path opens, or even if a Palestinian state is established.

The following is the text of the interview:

  • First, what were the Palestinians hoping for from the International Court of Justice that was not included in the resolution?

What was required was for the court to issue, in frank and clear language, a request to the occupation to stop its military operations in the Gaza Strip. The court did not accept this language, but nevertheless the decision reaches the same result in one way or another. How can genocide operations be stopped and incitement to genocide be stopped? Collective action without stopping Israeli military operations?

The court ordered that the genocide stop, that humanitarian corridors and services be fully opened, that the occupation not destroy evidence, and that it stop incitement to genocide. All of these matters the occupation will not be able to adhere to without a ceasefire.

Since South Africa requested a halt to the genocide, the court ordered that genocide be halted, abstained from, and punished, and even those who incite it.

  • What should Israel do after the decision is issued?

Now, according to the court's decision, the Israeli Attorney General must begin filing indictments against the Israeli Prime Minister Benjamin Netanyahu And the minister Yoav Galant And other criminals involved in the crime of genocide in the Gaza Strip. If the Israeli occupation adheres to what the court ordered, it will indeed refrain from continuing the war.

  • After the court's decision, the Israeli Finance Minister renewed his decision Bezalel Smotrich His call for the displacement of the people of Gaza, while Netanyahu pledged to continue the war. How will this affect the proceedings of the court?

Who talks about expelling the residents of the Gaza Strip or continuing the war? He wants to continue the genocide, and therefore they are turning their backs on the court. This means that we must now begin analyzing and monitoring their actions based on the court’s decisions in order to prepare for the report that will be issued by the Israeli occupation a month from today, in which it will claim that it has adhered to the court’s decisions. As for what will be proven? The implication – if this approach continues – is that they will continue to commit genocide in its entirety, and this will expose them to further accountability and prosecution.

  • Can Israel ignore court orders to submit a report on the precautionary measures it requested within a month?

Israel can do anything, but it is legally obligated to submit its report to the court. However, if she decides to refrain from carrying out her duty and the court’s order, she will have neglected another of the court’s requests.

But I think that they will try to interpret the court orders in a way that is comfortable for them, and that they will abide by the court orders, even though in reality they will continue the policy of denial and say that they did not commit crimes in the past or after the decision. They are not ready at this moment to abide by the court orders as the law requires.

  • Palestinian officials said they were hoping for a ceasefire decision. Should the court have made a ceasefire decision?

South Africa did not ask the court for a ceasefire, but rather requested that Israel stop military operations in the Gaza Strip.

A ceasefire means that both sides will adhere to it, and the court cannot issue decisions binding the resistance factions. Because it is not a country.

For your information, a group of human rights activists – myself included – asked the resistance factions to announce that if the court ordered the occupation to stop its military operations, and a ceasefire was obtained by the occupation, they would adhere to the ceasefire, even though the court would not have ordered them to do so, and the goal is to Pretexts are withdrawn even from the court itself.

But in the end she decided to focus on the main topic; It is the issue of genocide, and what the court decided was the same desire as South Africa, which wants to stop the genocide and the injection of Palestinian blood, and allow people to return to life normally in their country, and not displace them. This is what South Africa wants.

In conclusion, the decision is good and a lot can be built upon, and it will only be built upon through a major diplomatic struggle in the corridors United nationsEspecially the General Assembly, which has a lot to offer, more than we are accustomed to.

Now that the court's decision has been issued, and it is expected that the occupation will violate it and will not respond to it, the occupation must know that its long siege of the Gaza Strip is nearing its end and that in the future it will not be able to escape from the world, and continue to prevent medicine, drink, water and electricity from the besieged Strip.

Now South Africa has placed the occupation under the lens of the International Court, and this is only the beginning, and it will continue for many years in which it will present a lot of evidence about the crimes of the occupation in the Gaza Strip, and the court will reach many results that will affect the stability of this occupation, and it will not be able to continue with genocide, occupation and separation. Racist.

I know that people are frustrated with international law and the various institutions of the international community, but what we went through yesterday is not what we will go through tomorrow, God willing. This is not blind optimism, but rather because Israel has committed crimes in a way that it cannot hide, and then we went to a court whose decision is mandatory and not advisory or merely recommendations, reports, and the formation of committees. This day is a historic day.

  • Is there any possible American role or intervention that might empty the decision of its content?

United State It is not a god. It is a state with great power and ability to oppress and mobilize, but its capabilities are ultimately limited. It is true that they are used Veto To protect Israel from Security Council sanctions and to support it with weapons and billions of dollars to commit crimes, it cannot prevent all countries from punishing the occupation, and this is what we want.

We want a general assembly to decide on sanctions that some countries in the world will abide by, and then we will expand this circle, as in the experience of South Africa, on its way to getting rid of racism that was supported by world powers, led by America and Europe.

  • What should Palestine do after the decision, whether politically or legally?

What is immediately required is a diligent follow-up of the precautionary measures and documentation of Israeli activity and the extent of its response to these orders. This is a task whose basis is the integration of the Palestinians as a political system and civil organizations. They are required to document and write their reports.

There is an important and essential role forLiberation Organization AndAuthority And the ambassadors; Each in his own country, especially in the international organizations in New York who must mobilize various countries for a strong decision United Nations General Assembly It specifies sanctions against the occupation, not recommendations.

  • What should the Palestinians ask the General Assembly?

Palestinian officials must determine what is required, for example: Is it to stop diplomatic relations with the Israeli occupation? Is it to stop the activities of the occupying state in all United Nations institutions? Is it to besiege the occupation by not allowing its ships to dock in any port in the world or to fly in the airspace of other countries?

There are countries that have already announced that they will abide by the court’s decisions, such as Belgium, Canada, and Ireland, and we will find friends in the world who support us. We are talking about a heavy issue in international law. It is the crime of genocide.

  • To what extent can popular movements, federations and unions benefit from the decision in strengthening calls for a boycott?

Civil action, of which the Boycott, Divestment and Sanctions (BDS) movement is a part, represents most Palestinian civil society organizations, and can convince the world more strongly with the issuance of the International Court of Justice’s decision, and help more in conveying the message to the whole world. That the genocide must stop, and that the occupation must be punished so that international law and human rights are respected.

  • If we assume that the shooting stops, or that a political process opens in the coming months, will this affect the proceedings of the court?

If the war stops, corridors are opened, and humanitarian aid enters, we are in an excellent place in terms of precautionary measures, but the issue remains that Israel committed genocide and must bear responsibility for a past act and for violating an international agreement and causing great harm to the Palestinian people. It must pay its price and let people’s blood not be wasted. . Even if negotiations take place and a Palestinian state is established, this will not affect the proceedings of the court.

  • Any final addition?

I call on our people to be optimistic that is accompanied by work. If we are too pessimistic, this is surrender that may lead to failure, but the optimism that comes accompanied by hard work, thinking and planning for the next stages is necessary.

We have to know what to ask for and plan for the issue and what the occupation must do to end these crimes? What are the things that he must uproot to dismantle his racism? We must prepare ourselves well for the next stage, the battle for the final decision. After years, the court will answer the question: Did Israel commit genocide? I imagine the answer would be: yes. Then what are the consequences of this? Is it compensation, reparation, an apology, or guarantees of non-recurrence that constitutes a change in the military system?





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A legal expert for Al Jazeera Net: Holding Israel accountable for its crimes will not stop even if a Palestinian state is established Policy

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